PRIOR PRINTER'S NO. 2696
PRINTER'S NO. 2815
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1917
Session of
2017
INTRODUCED BY RYAN, CAUSER, COOK, COX, CUTLER, DAY, DIAMOND,
GILLEN, HEFFLEY, JOZWIAK, KEEFER, M. K. KELLER, KNOWLES,
MACKENZIE, MUSTIO, NELSON, RADER, SANKEY, TALLMAN, WARD,
WARNER AND ZIMMERMAN, NOVEMBER 13, 2017
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 12, 2017
AN ACT
Amending Title 22 (Detectives and Private Police) of the
Pennsylvania Consolidated Statutes, in humane society police
officers, further providing for APPOINTMENT BY NONPROFIT
CORPORATIONS, FOR qualifications for appointment, for
suspension, revocation, limitation and restriction of
appointment and restoration of appointment, for training
program, for continuing education program and, for Statewide
registry, and providing for applicability of Right-to-Know
Law. AND FOR HUMANE SOCIETY POLICE OFFICER ADVISORY BOARD.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 3705 and 3706(a) of Title 22 of the
Pennsylvania Consolidated Statutes are amended by adding
paragraphs to read:
SECTION 1. SECTION 3704 OF TITLE 22 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
§ 3704. APPOINTMENT BY NONPROFIT CORPORATIONS.
* * *
(A.1) NOTICE TO DEPARTMENT.--UPON ACTION BY THE COURT OF
COMMON PLEAS TO ORDER AN APPOINTMENT, THE CLERK OF COURTS OF THE
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COUNTY SHALL FORWARD SUCH INFORMATION TO THE DEPARTMENT FOR THE
PURPOSE OF THE STATEWIDE REGISTRY ESTABLISHED UNDER SECTION 3714
(RELATING TO STATEWIDE REGISTRY).
* * *
SECTION 2. SECTIONS 3705 AND 3706(A) OF TITLE 22 ARE AMENDED
BY ADDING PARAGRAPHS TO READ:
§ 3705. Qualifications for appointment.
In order for an individual to be considered for appointment
as a humane society police officer, the society or association
must submit proof satisfactory to the court of common pleas and
the district attorney in each county for which the society or
association directs the individual to act as a humane society
police officer that the individual:
* * *
(7) Has not had an appointment as a humane society
police officer revoked FOR CAUSE in another county or another
state .
§ 3706. Suspension, revocation, limitation and restriction of
appointment; restoration of appointment.
(a) Grounds for suspension, revocation, limitation or
restriction.--By its own action, on petition by a district
attorney or pursuant to a written affidavit filed by a
complainant, the court of common pleas may, after conducting a
hearing, suspend, revoke, limit or restrict an appointment of an
individual to act as a humane society police officer in the
county if the court determines any of the following:
* * *
(6) The individual is not a resident of this
Commonwealth.
(7) The individual has had an appointment as a humane
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society police officer revoked FOR CAUSE in another county or
another state.
* * *
Section 2. Sections 3712(d) and 3713 of Title 22 are amended
to read:
SECTION 3. SECTION 3712(B), (C), (D), AND (F) OF TITLE 22
ARE AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO
READ:
§ 3712. Training program.
* * *
(B) CONTRACTS.--THE SECRETARY, WITH THE ADVICE OF THE BOARD,
SHALL CONTRACT WITH AN ACCREDITED COLLEGE OR UNIVERSITY,
INCLUDING A COMMUNITY COLLEGE, OR OTHER PUBLIC OR PRIVATE
ENTITY, FOR THE ESTABLISHMENT OF A PROGRAM FOR THE TRAINING OF
INDIVIDUALS TO ACT AS HUMANE SOCIETY POLICE OFFICERS. THE
CONTRACTED ENTITY SHALL FORWARD INFORMATION PERTAINING TO AN
INDIVIDUAL'S SUCCESSFUL COMPLETION OF THE INITIAL TRAINING
PROGRAM TO THE DEPARTMENT FOR THE PURPOSE OF MAINTAINING THE
STATEWIDE REGISTRY ESTABLISHED PURSUANT TO SECTION 3714
(RELATING TO STATEWIDE REGISTRY).
(C) MINIMUM REQUIREMENTS.--THE PROGRAM FOR THE TRAINING OF
HUMANE SOCIETY POLICE OFFICERS SHALL INCLUDE AT A MINIMUM [60]
80 HOURS OF INSTRUCTION IN ACCORDANCE WITH SUBSECTION (D).
(d) Curriculum.--The program for the training of humane
society police officers shall provide instruction in the
following instructional areas:
(1) At least [36] 72 40 hours of instruction shall be
provided on the following:
(i) Pennsylvania cruelty to animal laws.
(ii) Pennsylvania Rules of Criminal Procedure.
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(iii) [Care and treatment of animals.] Proper
procedure for filing citations and warrants, including
how and when to contact Federal, State or local law
enforcement.
(iv) Proper execution of search warrants.
(v) Proper search and seizure practices.
(vi) Any other areas relating to law enforcement
duties.
(2) At least [24] 48 40 hours of instruction shall be
provided on the following:
(i) Animal husbandry practices constituting normal
agricultural operation.
(ii) Practices accepted in the agricultural industry
in the raising, keeping and production of agricultural
animals.
(iii) Characteristics of agricultural animals likely
evidencing care that is in violation of the cruelty to
animal laws.
(iv) Proper care, treatment and handling of
agricultural and other animals pursuant to enforcement of
the cruelty to animals laws.
(v) Treatments administered and research conducted
during the normal scope of veterinarian practices.
(vi) Agricultural biosecurity protocols.
(vii) General farm orientation , SAFETY and security
practices . , INCLUDING INSTRUCTION IN MEASURES FOR
DISCOVERY OF CONDITIONS AND IMPLEMENTATION OF
PRECAUTIONARY ACTIONS TO PREVENT HARM OR DAMAGE TO
PERSONS, ANIMALS OR PROPERTY.
(viii) Farm hazards, including protocols to be
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performed by the humane society police officer in
detecting the presence of manure pits, silos,
agricultural pesticides and chemicals and other
conditions on farm premises that may cause serious harm
to health or safety of individuals or farm animals or
extensive damage to farm property and precautionary
measures to be taken for prevention of harm or damage.
(ix) Farm and rural culture, including the high
priority that residents commonly place on protection of
property and the commonly perceived risk that
unanticipated entrants may pose to residents and
property, and protocols to be followed by the humane
society police officer in deescalating contentious
encounters with residents.
(3) In conducting the training listed in paragraph (2),
the program of instruction shall include at least one on-site
visit to a commercial farm NORMAL AGRICULTURAL operation that
INCLUDES AGRICULTURAL ANIMALS AND is at least ten acres in
contiguous area.
* * *
(F) CURRENT OFFICERS.--INDIVIDUALS WHO HAVE BEEN APPOINTED
AS HUMANE SOCIETY POLICE OFFICERS PRIOR TO THE EFFECTIVE DATE OF
THIS CHAPTER ARE EXEMPT FROM THE INITIAL TRAINING REQUIREMENTS
PURSUANT TO THIS SECTION PROVIDED THAT THE INDIVIDUAL CAN
PROVIDE PROOF TO THE SECRETARY OF SUCCESSFUL COMPLETION OF A
SIMILAR TRAINING PROGRAM FOR HUMANE SOCIETY POLICE OFFICERS
ESTABLISHED UNDER THE ACT OF DECEMBER 12, 1994 (P.L.956,
NO.135), KNOWN AS THE HUMANE SOCIETY POLICE OFFICER ENFORCEMENT
ACT. THIS SUBSECTION SHALL EXPIRE ON THE EFFECTIVE DATE OF
SUBSECTION (F.1).
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(F.1) EXEMPTION.--INDIVIDUALS WHO HAVE BEEN APPOINTED AS
HUMANE SOCIETY POLICE OFFICERS AND HAVE SUCCESSFULLY COMPLETED
INITIAL TRAINING UNDER THIS CHAPTER PRIOR TO JUNE 30, 2018,
SHALL BE EXEMPT FROM THE INITIAL TRAINING REQUIREMENTS UNDER
THIS SECTION PROVIDED THAT THE INDIVIDUAL CAN PROVIDE PROOF TO
THE SECRETARY OF SUCCESSFUL COMPLETION OF CONTINUING EDUCATION
TRAINING UNDER SECTION 3713 (RELATING TO CONTINUING EDUCATION
PROGRAM) WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS
SUBSECTION.
SECTION 4. SECTION 3713 OF TITLE 22 IS AMENDED TO READ:
§ 3713. Continuing education program.
(a) Required training.--During each [two-year] annual period
following the date in which an individual has been initially
appointed as a humane society police officer, the individual
shall successfully complete the minimum requirements for
additional training prescribed in the program for continuous
education of humane society police officers established in
accordance with subsections (b), (c), (d) and (e).
(b) Contracts.--
(1) The secretary, with the advice of the board, shall
contract with an accredited college or university, including
a community college, or other public or private entity, for
the establishment of a continuing education program for the
training of individuals to act as humane society police
officers.
(2) The contracted entity shall forward information
pertaining to an individual's successful completion of the
continuing education program to the department for the
purpose of maintaining the Statewide registry established
pursuant to section 3714 (relating to Statewide registry.)
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(c) Minimum requirements.--The continuing education program
for the training of humane society police officers shall include
at a minimum [ten] 20 16 hours of instruction in accordance with
subsection (d).
(d) Curriculum.--The program for the training of humane
society police officers shall provide instruction in the
following instructional areas:
(1) At least [six] 12 EIGHT hours of instruction shall
be provided on the following:
(i) Pennsylvania cruelty to animals laws.
(ii) Pennsylvania Rules of Criminal Procedure.
(iii) [Care and treatment of animals.] Proper
procedure for filing citations and warrants, including
how and when to contact Federal, State or local law
enforcement.
(iv) Proper completion of search warrants.
(v) Proper search and seizure practices.
(vi) Any other areas relating to law enforcement
duties.
(2) At least [four] eight hours of instruction shall be
provided on the following:
(i) Animal husbandry practices constituting normal
agricultural operation.
(ii) Practices accepted in the agricultural industry
in the raising, keeping and production of agricultural
animals.
(iii) Characteristics of agricultural animals likely
evidencing care that is in violation of the cruelty to
animals laws.
(iv) Proper care, treatment and handling of
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agricultural and other animals pursuant to enforcement of
the cruelty to animals laws.
(v) Treatments administered and research conducted
during the normal scope of veterinarian practices.
(vi) Agricultural biosecurity protocols.
(vii) General farm orientation , SAFETY and security
practices . , INCLUDING INSTRUCTION IN MEASURES FOR
DISCOVERY OF CONDITIONS AND IMPLEMENTATION OF
PRECAUTIONARY ACTIONS TO PREVENT HARM OR DAMAGE TO
PERSONS, ANIMALS OR PROPERTY.
(viii) Farm hazards, including protocols to be
performed by the humane society police officer in
detecting the presence of manure pits, silos,
agricultural pesticides and chemicals and other
conditions on farm premises that may cause serious harm
to health or safety of individuals or farm animals or
extensive damage to farm property and precautionary
measures to be taken for prevention of harm or damage.
(ix) Farm and rural culture, including the high
priority that residents commonly place on protection of
property and the commonly perceived risk that
unanticipated entrants may pose to residents and
property, and protocols to be followed by the humane
society police officer in deescalating contentious
encounters with residents.
(3) In conducting the training listed in paragraph (2),
the program of instruction shall include at least one on-site
visit to a commercial farm NORMAL AGRICULTURAL operation that
INCLUDES AGRICULTURAL ANIMALS AND is at least ten acres in
contiguous area.
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(e) Automatic suspension.--
(1) Failure to complete the continuing education program
as prescribed in subsection (a) shall result in an
individual's automatic suspension of the powers and authority
set forth in section 3708 (relating to powers and authority;
jurisdiction) until such time as the individual successfully
completes the continuing education requirements.
(2) The department shall notify, within one week of the
suspension, the court of common pleas and district attorney
of each county to which the individual is appointed as a
humane society police officer of the suspension.
Section 3 5. Section 3714 of Title 22 is amended by adding
subsections to read:
§ 3714. Statewide registry.
* * *
(a.1) Inclusion in registry.--A humane society police
officer shall make, upon appointment, an application to the
department for inclusion in the registry on a form provided by
the department. The application shall include confirmation of
the appointment by the court of common pleas, proof of
completion of the necessary education , AND a criminal history
report from the Pennsylvania State Police under 18 Pa.C.S. Ch.
91 (relating to criminal history record information) , and a
registration fee of $50 .
(a.2) Renewals.--A humane society police officer shall apply
for renewal of inclusion in the registry every two years on the
anniversary of the date of appointment as a humane society
police officer. The renewal shall occur in a form and manner as
determined by the department and shall include proof of
completion of the continuing education required under section
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3713 (relating to continuing education program) , AND a criminal
history report from the Pennsylvania State Police under 18
Pa.C.S. Ch. 91 , and a renewal fee of $50 .
* * *
(e) Automatic suspension.--
(1) If an individual who is a humane society police
officer fails to apply for inclusion in the registry as
prescribed in subsection (a), the individual's powers and
authority specified in section 3708 (relating to powers and
authority; jurisdiction) shall be immediately suspended until
such time as the individual successfully completes the
application for registration or renewal of registration. The
department shall notify the court of common pleas and
district attorney of each county to which the individual is
appointed as a humane society police officer of the
suspension.
(2) If an individual who is a humane society police
officer fails to renew within 30 days of the anniversary of
appointment, the department shall provide notice to the
individual that the individual has 90 days to complete the
renewal and mark the individual as suspended in the registry.
The department shall notify the court of common pleas and
district attorney of each county to which the individual is
appointed as a humane society police officer of the
suspension.
Section 4. Title 22 is amended by adding a section to read:
§ 3719. Applicability of Right-to-Know Law.
A society or association shall be subject to the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law,
and considered to be a "local agency" under that act.
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Section 5. This act shall take effect in 60 days.
SECTION 6. SECTION 3715(B) OF TITLE 22 IS AMENDED AND THE
SECTION IS AMENDED BY ADDING SUBSECTIONS TO READ:
§ 3715. HUMANE SOCIETY POLICE OFFICER ADVISORY BOARD.
* * *
(B) MEMBERSHIP.--THE BOARD SHALL CONSIST OF THE FOLLOWING:
(1) THE SECRETARY OR HIS DESIGNEE, WHO SHALL ACT AS A
CHAIRMAN.
(2) A REPRESENTATIVE OF [A SOCIETY OR ASSOCIATION] AN
ORGANIZATION IN THIS COMMONWEALTH OF SOCIETIES OR
ASSOCIATIONS FOR THE PREVENTION OF CRUELTY TO ANIMALS.
(3) A HUMANE SOCIETY POLICE OFFICER.
(4) A REPRESENTATIVE OF A STATEWIDE VETERINARY MEDICAL
ASSOCIATION.
(5) A REPRESENTATIVE OF A FARM ORGANIZATION.
(6) A DISTRICT ATTORNEY OR HIS DESIGNEE.
(7) A REPRESENTATIVE OF THE POLICE.
(8) A DISTRICT JUSTICE.
(9) A COURT OF COMMON PLEAS JUDGE OR HIS DESIGNEE.
(10) A CLERK OF COURTS.
(11) A REPRESENTATIVE OF THE PENNSYLVANIA GAME
COMMISSION.
* * *
(G) TRAINING PROGRAM APPROVAL.--THE BOARD SHALL REVIEW AND
RECOMMEND PROGRAMS REQUIRED UNDER SECTIONS 3712 (RELATING TO
TRAINING PROGRAM) AND 3713 (RELATING TO CONTINUING EDUCATION
PROGRAM).
(H) MEETINGS.--THE BOARD SHALL MEET AT LEAST ONCE ANNUALLY
OR ON A BASIS AS NECESSARY TO SUFFICIENTLY ADVISE THE SECRETARY
AND COMPLY WITH SUBSECTION (G).
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SECTION 7. THIS ACT SHALL TAKE EFFECT IN ONE YEAR.
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